Applying from the US when granted fiance visa

Hi there

My fiance and I were granted a fiance visa last month, and we have a wedding set for March. She currently lives in NYC, and we're getting married in Scotland.

However because of work, she is unable to relocate before or after that time until around June, which is when the visa expires.

Instead of applying for the 'upgrade'  we are hoping to apply for the initial 2.5 year settlement visa from the US once we get the marriage certificate in March.

We understand this might cost more, and we might have been better off getting the visitor visa (I was badly informed about this by a shoddy lawyer), but my question is will we have to wait for the fiance visa to expire in June first, or can she apply from the USA while it is still valid?

Hi there

My fiance and I were granted a fiance visa last month, and we have a wedding set for March. She currently lives in NYC, and we're getting married in Scotland.

However because of work, she is unable to relocate before or after that time until around June, which is when the visa expires.

Instead of applying for the 'upgrade'  we are hoping to apply for the initial 2.5 year settlement visa from the US once we get the marriage certificate in March.

We understand this might cost more, and we might have been better off getting the visitor visa (I was badly informed about this by a shoddy lawyer), but my question is will we have to wait for the fiance visa to expire in June first, or can she apply from the USA while it is still valid?

I don't think we've had anyone try this before.... I don't think she can apply for an entry clearance visa when she already has an entry clearance visa.... but honestly - I don't know.

Can she relocate to the UK in June before the expiration of the fiance visa and then switch in country to FLR(M)? 

Can she relocate to the UK in June before the expiration of the fiance visa and then switch in country to FLR(M)?

That's what I was going to suggest as well.

Now that they have changed the rules to allow re-entry to the UK on a fiance visa after getting married, the easiest and cheapest option would be for her to move to the UK and apply for FLR(M) just before her fiance visa expires.

As long as she submits her FLR(M) application BEFORE the expiry date of her fiance visa, she will be fine... her fiance visa immigration status will simply be extended while the visa is processing.

Otherwise, it's likely to cost her at least £1,000 more in visa/priority/shipping fees to apply for a spousal visa from the US than to switch to FLR(M) from inside the UK before her fiance visa expires.

Moving in June could be feasible, the fiance visa expires on the 15th June .

However, if we apply for the  FLR(M) as soon as she arrives then, would our application struggle as we have wouldn't have documentation to show that we have been living together during the initial six month visa period?

Moving in June could be feasible, the fiance visa expires on the 15th June .

However, if we apply for the  FLR(M) as soon as she arrives then, would our application struggle as we have wouldn't have documentation to show that we have been living together during the initial six month visa period?

Probably a bit.  You’ll want to explain that you applied for the incorrect visa and that as a result, she recently moved to the UK, so you don’t have proof of cohabitation.  But that she’s now moved, etc.

Would that be a bit risky though? If it was rejected on the basis that we didn't have enough proof of cohabitation wouldn't she have to return to the States immediately?

We would move into our own place probably at the start of June, so if her name was also on the new rental agreement I'm guessing that would that help?

Could I also add her onto my existing bills/rental agreement now despite her not being here yet, or are there any other things that might strengthen our case?

Would that be a bit risky though? If it was rejected on the basis that we didn't have enough proof of cohabitation wouldn't she have to return to the States immediately?

We would move into our own place probably at the start of June, so if her name was also on the new rental agreement I'm guessing that would that help?

Could I also add her onto my existing bills/rental agreement now despite her not being here yet, or are there any other things that might strengthen our case?

I'm not sure that anybody knows as usually the applicant would have stayed in the UK after they married on a fiance visa; as that is what that visa is for; or applied for the cheaper marrigage visitor visa if they intended to leave the UK after their marriage. If she arrives on a spouse visa, she will be able to use the NHS bill free from day one and be allowed to work, whereas on a fiance visa she will need to buy health insurance to pay if she uses the NHS (very limited services are free) and will not be allowed to work.
https://www.gov.uk/healthcare-immigration-application/who-needs-pay

It will be cheaper to apply if she is in the UK, but if refused she will lose the visa fee and you have the costs of flights back to the US and then back again when she gets her visa too. The 1k Immigration Health Surcharge would be refunded.

If ksand doesn't know for sure, it might be better to take legal advice on this?

Would that be a bit risky though? If it was rejected on the basis that we didn't have enough proof of cohabitation wouldn't she have to return to the States immediately?

It wouldn’t be rejected due to lack of cohabitation. Most people in fiancé visas are unable to provide the required amount of cohabitation because the fiancé visa is only 6 months and there isn’t usually enough time to gather enough of it.

If you don’t have enough mail, just explain why not in a letter (I.e. we haven’t had enough time to gather 6 documents each yet). It won’t be an issue.

The only residency requirement for the fiancé visa is that she arrives, marries and applies for FLR(M) before it expires.

It used to be that she couldn’t leave the U.K. after the wedding but before applying for FLR(M), because she would no longer be a fiancé and could potentially be refused entry, but they changed the rules in 2017 to say that multiple entries were allowed after the wedding, as long as you could show intention to stay and to apply for FLR(M).

See: https://talk.uk-yankee.com/index.php?topic=92491.0

We would move into our own place probably at the start of June, so if her name was also on the new rental agreement I'm guessing that would that help?

Could I also add her onto my existing bills/rental agreement now despite her not being here yet, or are there any other things that might strengthen our case?

Is she currently in the UK, or is she just coming over when you get married?

I would add her to your bills once she has entered the U.K. on her fiancé visa for the first time... so you can start collecting them from then on (also, make sure you receive paper bills for everything).

And yes, the new rental agreement will help.

So basically, you can treat it as:
- she moved to the U.K. before the wedding (her first entry on the fiancé visa)
- you got married
- she then went back to the US temporarily to sort out some things
- she returned to the U.K. in time to apply for FLR(M) before the fiancé visa expired


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She is coming over when we're married in March and is then spending a week or so here. That'll give us enough time to sort out the joint bills and things then, get a joint bank account etc, and allow her to head back and tie up any loose ends before returning here permanently in June.

Thanks so much ksand24 - you've been a huge help throughout all of this!